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2005

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In Pittsburgh, Freedom Abridged, Bruce Ledewitz Dec 2005

In Pittsburgh, Freedom Abridged, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”


Law For Social Responsibility In Radio And Television, Asamblea Nacional De Venezuela Dec 2005

Law For Social Responsibility In Radio And Television, Asamblea Nacional De Venezuela

Latin American Energy Policies

Establishes the social responsibility of the television and radio media in the diffusion and reception of messages. This will be done, in part, by the creation of programming that includes messages that promote the conservation and preservation of the environment.


Law No. 3279 - Sources For The Generation Of Alternative Energy In The Beni Department, Congreso Nacional De Bolivia Dec 2005

Law No. 3279 - Sources For The Generation Of Alternative Energy In The Beni Department, Congreso Nacional De Bolivia

Latin American Energy Policies

Declares as national priority the development of sources for the generation of altenative energy in the Beni Department.


From Law To Social Science And Back Again - The First Step. Remarks On The Juristic Origin Of Some Weberian Concepts, Peter Cserne Nov 2005

From Law To Social Science And Back Again - The First Step. Remarks On The Juristic Origin Of Some Weberian Concepts, Peter Cserne

Péter Cserne

No abstract provided.


Religious Rights For Children In 21st Century Education, Clarence Holland Nov 2005

Religious Rights For Children In 21st Century Education, Clarence Holland

Faculty Publications and Presentations

No abstract provided.


The Common Law And The Constitution: John Locke And The Missing Link In Law, Steve Sheppard Nov 2005

The Common Law And The Constitution: John Locke And The Missing Link In Law, Steve Sheppard

Steve Sheppard

Locke's concept of rights influenced the Framers of the Constitution, which has increased the stakes in later interpretation of what Locke’s model of rights entailed. “Lockean rights” now suggests a perfect right unlimitable by the state in the public interest. Such a right is theoretically interesting, but it is not what Locke had in mind, and it was not the model of rights Madison, Jefferson, Hamilton, and other inherited from Locke's Second Treatise.

This paper was an initial reconstruction of Locke's model of a right, locating it within the legal culture of his time and place. His model of what …


City Of Fort Hancock, Texas Incorporation In Texas, Daniel J. Quiñones Nov 2005

City Of Fort Hancock, Texas Incorporation In Texas, Daniel J. Quiñones

IPED Technical Reports

No abstract provided.


The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne Nov 2005

The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne

University of Richmond Law Review

No abstract provided.


On The Potential Of Neuroscience: A Comment On Greene And Cohen’S "For The Law, Neuroscience Changes Nothing And Everything", Theodore Y. Blumoff Oct 2005

On The Potential Of Neuroscience: A Comment On Greene And Cohen’S "For The Law, Neuroscience Changes Nothing And Everything", Theodore Y. Blumoff

ExpressO

In a recent article, Joshua Greene and Jonathan Cohen add their voices to an emerging discussion about the place of neuroscience in law and social policy. They argue convincingly that new data from the developing field of neuroscience will dramatically and positively change our legal system. I agree with their conclusions, but I believe that their commitment to a kind of neuroscientific determinism or essentialism is wrong, unnecessary, and even dangerous; it would move law in a direction that eliminates ongoing, normative decision-making. In the essay I have attached, I first set the stage by discussing the commitment of our …


A New Weapon Against Piracy: Patent Protection As An Alternative Strategy For Enforcement Of Digital Rights, Dennis S. Fernandez, Matthew Chivvis, Mengfei Huang Oct 2005

A New Weapon Against Piracy: Patent Protection As An Alternative Strategy For Enforcement Of Digital Rights, Dennis S. Fernandez, Matthew Chivvis, Mengfei Huang

ExpressO

This article illustrates how patents and copyrights complement each other to provide a better defense for creative works. Copyrights protect expression, and patents protect underlying functions. Currently, the one-time strengths of copyrights are being eroded as courts allow new technologies to flourish which enable digital reproduction and piracy. This has encouraged companies and industries to move increasingly to patent protection and any company that fails to pursue this trend may be left behind. In sum, patents are a worthwhile strategy because they assist copyright owners in controlling the technology that enables infringement while copyrights alone would leave a company vulnerable …


Mid-Atlantic Ethics Committee Newsletter, Fall 2005-Winter 2006 Oct 2005

Mid-Atlantic Ethics Committee Newsletter, Fall 2005-Winter 2006

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Introduction: Assessing The Future Of The Legal Profession Symposium, Alex B. Long Oct 2005

Introduction: Assessing The Future Of The Legal Profession Symposium, Alex B. Long

Scholarly Works

No abstract provided.


The Hidden Costs Of Contracting: Barriers To Justice In The Law Of Contracts, Teri Dobbins Baxter Oct 2005

The Hidden Costs Of Contracting: Barriers To Justice In The Law Of Contracts, Teri Dobbins Baxter

Scholarly Works

No abstract provided.


Make >Em Fess Up, Bruce Ledewitz Sep 2005

Make >Em Fess Up, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Law No. 554 - Energy Stability Law, La Asamblea Nacional De La República De Nicaragua Sep 2005

Law No. 554 - Energy Stability Law, La Asamblea Nacional De La República De Nicaragua

Latin American Energy Policies

This law declares an energy crisis in the country due to high oil prices. It adopts measures in the hydrocarbon, electricity and transportation sectors in order to alleviate this crisis and to ensure the power supply to the general public. It declares a priority that the government seek international funding to invest in developing power generation projects using renewable energy. Lastly, it creates the Investment Fund for Energy Development and the Energy Crisis Fund.


A Report On The Medical Care Availability And Reduction Of Error Act, Stanton N. Smullens Sep 2005

A Report On The Medical Care Availability And Reduction Of Error Act, Stanton N. Smullens

Population Health Matters (Formerly Health Policy Newsletter)

No abstract available.


The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Macleod Heminway, Ann Bartow, F. Carolyn Graglia, Deseriee A. Kennedy Sep 2005

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Macleod Heminway, Ann Bartow, F. Carolyn Graglia, Deseriee A. Kennedy

Scholarly Works

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …


Law No. 32868 - Water Use, El Ministerio Del Ambiente Y Energía, Costa Rica Aug 2005

Law No. 32868 - Water Use, El Ministerio Del Ambiente Y Energía, Costa Rica

Latin American Energy Policies

This law outlines how water use is to be regulated and the fees for said useage. Article VI promotes and encourages clean energy production from the use of renewable energy sources, such as hydroelectric projects.


Law No. 3152 - Sources For The Generation Of Alternative Energy In The Pando Department, Congreso Nacional De Bolivia Aug 2005

Law No. 3152 - Sources For The Generation Of Alternative Energy In The Pando Department, Congreso Nacional De Bolivia

Latin American Energy Policies

Declares as national priority the development of sources for the generation of altenative energy in the Pando Department.


How And Understanding Of The Second Personal Standpoint Can Change Our Understanding Of The Law: Hart's Unpublished Response To Exclusive Legal Positivism, Robin B. Kar Aug 2005

How And Understanding Of The Second Personal Standpoint Can Change Our Understanding Of The Law: Hart's Unpublished Response To Exclusive Legal Positivism, Robin B. Kar

ExpressO

This Article describes recent developments in moral philosophy on the “second personal standpoint,” and argues that they will have important ramifications for legal thought. Moral, legal and political thinkers have, for some time now, understood important distinctions between the first personal perspective (of deliberation) and the third personal perspective (of observation, cause and effect), and have plumbed these distinctions to great effect in their thought. This distinction is, in fact, implicit the law and economics movement’s “rational actor” model of decision, which currently dominates much legal academic thought. Recent developments in value theory due to philosopher Stephen Darwall suggest, however, …


Ordered To Die, Marios Papaloukas Aug 2005

Ordered To Die, Marios Papaloukas

Marios Papaloukas

This article by C. Sofoulakis, Christos Papaloukas, Marios Papaloukas is about the case of Terri Schiavo who after suffering a cardiac arrest remained for fifteen years in a vegetative state. It examines whether euthanasia should be allowed in such cases.


Mid-Atlantic Ethics Committee Newsletter, Summer 2005 Jul 2005

Mid-Atlantic Ethics Committee Newsletter, Summer 2005

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams Jul 2005

Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Affiliated And Related Corporations, Don Leatherman Jul 2005

Affiliated And Related Corporations, Don Leatherman

Scholarly Works

No abstract provided.


International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds Jul 2005

International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.


Moral Intelligence: Mind, Brain An The Law , Atahualpa Fernandez Jun 2005

Moral Intelligence: Mind, Brain An The Law , Atahualpa Fernandez

ExpressO

This paper discusses several issues at the impact of cognitive neuroscience have to do with the current theoretical and methodological edifice of juridical science. Localizing the brain correlates related to moral judgments, using neuroimage techniques (and also studies on brain lesions), seems to be, without doubt, one of the big events in the history of the normative social sciences.The best neuroscientific model of normative judgment available today establishes that the ethical-cerebral law operator counts on, in his neural evaluative-affective systems, a permanent presence of requirements, obligations and strategies, with a “should be” that incorporates internally rational and emotional reasons, that …


Juridical Discourse And Evolutionary Dynamics , Atahualpa Fernandez Jun 2005

Juridical Discourse And Evolutionary Dynamics , Atahualpa Fernandez

ExpressO

Abstract: This article propose an explanation about Law that crosses the scales of space, time and complexity to, by uniting the apparently irreconcilable facts of the social and the natural, integrate the perception of a normative network, of a social adaptive strategy, that certainly was created and exists in function of its contributions to survival and reproductive success during the long period of our evolutionary history, that is, to resolve recurrent evolutionary problems in an essentially social species such as ours that otherwise would not have managed to prosper biologically.


Law No. 2.616/05 - Caracas Energy Cooperation Agreement - Acec, El Congreso De La Nación Paraguaya Jun 2005

Law No. 2.616/05 - Caracas Energy Cooperation Agreement - Acec, El Congreso De La Nación Paraguaya

Latin American Energy Policies

This law establishes an energy cooperation agreement which states that the Bolivarian Republic of Venezuela will supply oil to the Republic of Paraguay for an amount of up to 18,600 barrels per day, or its energy equivalent, and establishes the conditions to execute this agreement.


Collaboration Agreement Between The Ministry Of Environment And Natural Resources Of The Republic Of Guatemala And The Solar Foundation, Ministerio De Ambiente Y Recursos Naturales Y La Fundación Solar Jun 2005

Collaboration Agreement Between The Ministry Of Environment And Natural Resources Of The Republic Of Guatemala And The Solar Foundation, Ministerio De Ambiente Y Recursos Naturales Y La Fundación Solar

Latin American Energy Policies

The Agreement outlines that these two organizations will collaborate mutually to contact financial agencies interested in projects involving renewable energy, climatic change, drought, environmental services, rural development and the creation of policies on water, energy, climate change, education programs and research for the reduction of poverty in Guatemala.


Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj Jun 2005

Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj

Présence Francophone: Revue internationale de langue et de littérature

The major challenge of Haitian society remains building liberty after emerging from slavery and acquiring independence. Two centuries after the birth of the first Black Republic, the new social contract that rose from this spirit of “living together” is still in penury. The author examines the principal obstacles on the way to building freedom: namely, the inclusion of a large number of the excluded, which implies the dismantling of misery and the promotion of learning; the institution of authority through law and responsibility which presupposes the end of the “master” figure as a symbol of power, as well as that …